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What is the recourse for an employee if their employer withholds paying them because they do not want to pay the full commision earned?
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Recourse
Refusing to pay commissions due is illegal in California. An employee can make a claim with the state. For every day that an employer willingly withholds pay, the employer may be penalized an additional day. You can read about this at: http://www.dir.ca.gov/dlse/FAQ_Paydays.htm -
Warning Labor Board Is Defective
Now for the real story. Yes file a claim with the labor board. Obviously be aware these are people known as "government employees". ie. (underpayed overworked might go postal at anytime) yes some of them are armed; should you be afraid? Probably... Your first encounter will be a busy signal. This might go on for several days but keep calling they put the phone back on the hook on accident sometimes. Next, what ever you give them make a copy. If they can lose something and cause you to lose your case they will. Next don't believe a word they say. They will act like they are your friend then burn you bad.
THE MOST IMPORTANT THING IS DON'T AGREE WITH THEM THAT YOU HAVE NO CASE. Remember they just want you to go away. If you hang in there they will torture your boss for a while to see if they can get him to pay you.
They say you don't need a lawyer because they have to work more if you have a lawyer. Lawyers are usually smart and know the law better than they do and it bothers them.
The labor board judge is usually a judge that got in trouble in real court. The labor board is the Siberia of judgedom. Be nice to him he probably has a gun. Pretend he is important and is worthy of great respect they miss it.
There is no telling what the judge might do. The law, reason, common sense, morality, honesty they all go out the window. To be honest you probably want to go straight to superior court and see a real judge.
I don't know I am just a victim like you. Please be careful.Comment
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